Microsoft filed a landmark lawsuit against the U.S. Department of Justice on Thursday. The company accuses the federal government of adopting a widespread, unconstitutional policy of looking through Microsoft customers' data - and forcing the company to keep quiet about it. Over the past 18 months, federal judges have approved 2,600 secret searches of Microsoft customers. In two-thirds of those cases, Microsoft can't even notify their customers that they've been searched - ever - because there's no expiration date on these judicial orders. At issue here is the 1986 Electronic Communications Privacy Act, which creates a double standard when it comes to a person's right to know when police are rummaging through their stuff. People do not give up their rights when they move their private information from physical storage to the cloud," Microsoft says in its lawsuit. "The government, however, has exploited the transition to cloud computing as a means of expanding its power to conduct secret investigations." In its lawsuit, Microsoft claims that federal agents have been violating the company's First Amendment right to speak to its own customers, as well as their customers' Fourth Amendment right to know when they're being searched. This lawsuit also notes the odd, modern distinction that the government makes between searching your computer and searching your information on a company's computer. Law enforcement agents often remain covert when they dig through information stored on company data backup services.
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